motor vehicle accident lawyers Vehicle Powers of Attorney

In most cases there are multiple parties who share the blame for an accident. In these situations the jury may decide to distribute the award of damages to the injured party in proportion to their share of negligence.

Even though DMV hearings are not a part of criminal court, a skilled NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico LLP has years of experience representing clients at these hearings.

Power of Attorney

Power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to act on their behalf. The document can grant a broad or limited range of powers and must be drafted in accordance with the law of the State. It must also be signed and notarized in the presence of a witness or notary public. A motor vehicle power of attorney grants the agent the power to perform responsibilities related to vehicles including selling a vehicle. If you're looking to create a Power of Attorney yourself think about contacting your local Department of motor vehicle accident Vehicles or using a free online legal website such as eForms or NYLawHelp. Alternately, you can have someone else do the work for you.

Third parties may not honor Powers of Attorney. This could be due to a variety of reasons. In some instances the refusal may cause harm to the Principal, and the third party can be held liable for those damages.

To avoid this it is crucial to ensure that the Power of Attorney include language indicating that the agent cannot be the owner of any real property or other asset owned by the principal unless explicitly stated in the document. The document should also provide that the agent should submit to an outside party a summary of all transactions, as well as any other circumstances in which they are acting on behalf of the principal.

DMV Hearings

If DMV has a discretionary decision against your driving privilege (such as a license suspension for refusing to take the breath test) you have the right to an appeal hearing to contest the decision. These hearings can take place in person or over the telephone, and are usually held in front of the DMV driver safety hearing officer. DMV will present all its evidence against the person, including witnesses it has subpoenaed, during the hearing. Then it's your turn to present affirmative evidence (documents or motor Vehicle Accident witnesses, or even your own testimony), attack DMV's case in closing arguments, and ask questions of the hearing officer.

You are more likely to prevail at the DMV hearing if you engage an attorney. An attorney can assist in determining if any mistakes were made by the police in your case during your arrest. For example, they may not have informed you that you could lose your license if you declined a breath sample.

Although you are not legally required to use an attorney present at the time of a DMV hearing by law having a NYC DMV lawyer can make the process easier. An attorney will be knowledgeable in the laws surrounding these kinds of cases and can assist you to present your case as effectively as is possible. They can also assist you to avoid being unfairly penalized by the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your license and driving privileges when you are found to be guilty of certain traffic violations or other legal violations. The suspension or cancellation of your license will normally remain in place until you've completed all the necessary steps to obtain it back.

Your driver's license can be suspended for various reasons, based on the state in which you reside. For instance states that have a point system, accumulation of too many points may result in an automatic suspension of your license. Additionally, a judge can also require your license to be suspended in the event of a traffic violation. In the majority of instances the court will let you to drive under a restricted driving permit during the suspension or revocation.

In some states your license could be revoked for certain crimes, including DUIs and vehicular manslaughter. Your license may also be revoked when you do not pay back child support, or other civil debts. You can also lose your license if are suffering from a medical issue that renders driving a car dangerous.

Your New York lawyer can help you determine the status of your license and the best way to proceed. He or she will explain to you that in most instances, if your license was suspended, you have the right to an interview at the DMV.

Representation

A representation letter is a very important document that an attorney must send to the person they want to sue. This informs the other side that they have a representative that will speak on their behalf. It also permits the lawyer to request information and documents from the other party.

Many motor vehicle accident cases are built on the tort principle of negligence. Negligence is defined as the failure to exercise the degree of care that would be expected from someone who is reasonably prudent under the same circumstances. Accidents involving cars are usually caused or contributed to by a variety of causes. The negligence of a driver could be driving while under the influence of drugs or alcohol, speeding, or disregarding traffic signs. Other causes include driving distracted, such as using a mobile phone or trying to put on makeup while driving.

In certain cases two people who are injured in an accident in a vehicle want the same lawyer to represent them. It is not ethical for an attorney to represent both a driver and a passenger in a personal injuries claim. Each client is in conflict. This can be avoided by creating separate agreements between each client. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.